Terms of Service

Acceptance

These Terms govern your use of PushFirst ("the App") and any related agreements or legal relationships with the Owner in a legally binding way. By downloading, installing, or using PushFirst, you agree to these Terms. If you do not agree, do not use the App.

Where this App has been provided to you via the Apple App Store, you acknowledge and agree that Apple may enforce these Terms as a third party beneficiary.

Owner

PushFirst is provided by N.C.A. Vertelman, based in the Netherlands. You can reach us at devkoosv@gmail.com.

License

We grant you a limited, non exclusive, non transferable, revocable license to use PushFirst on any iPhone you own or control, for personal, non commercial purposes, subject to these Terms.

All intellectual property rights, including copyrights, trademark rights, and design rights related to this App are the exclusive property of the Owner or its licensors and are subject to protection granted by applicable laws and international treaties.

Restrictions

You may not copy, download, share, modify, translate, publish, transmit, sell, sublicense, or create derivative works from PushFirst or any of its content. You may not reverse engineer, decompile, or disassemble any part of the App. You may not use the App in any way that violates applicable laws or regulations.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the App or its Service without the Owner's express prior written permission.

Subscriptions and free trial

PushFirst offers a 7 day free trial. The trial period automatically converts into a paid subscription unless you cancel before the trial expires. The trial is non renewable and can only be used once per Apple ID.

Subscription handling via Apple's native in-app purchase system. Subscriptions are purchased and managed entirely through Apple's App Store using Apple's native StoreKit. We do not use any third party billing or subscription management service. By subscribing, you acknowledge and accept that:

Any payment due will be charged to your Apple ID account. Subscriptions automatically renew for the same duration unless you cancel at least 24 hours before the current period expires. Renewal fees are charged within 24 hours before the end of the current period. You can manage or cancel your subscription in your Apple ID account settings at any time.

Prices, descriptions, and availability of subscriptions are outlined in the App Store and are subject to change. All payments are processed through Apple. We do not collect, receive, or store any payment information such as credit card details.

These subscription terms prevail over any conflicting provision elsewhere in these Terms.

Screen Time and app blocking

PushFirst uses Apple's Screen Time API (Family Controls framework) exclusively to block and unblock apps you have chosen. By granting Screen Time permission, you authorise the App to apply and remove app restrictions on your device as defined by your chosen settings.

The Screen Time permission is used solely for this functional purpose. We do not access, read, record, or transmit your Screen Time usage data, app usage history, or any information about which apps are installed on your device. No Screen Time data is stored on our servers or shared with any third party.

You may revoke Screen Time access at any time in your device settings, which will disable the app blocking functionality of PushFirst.

Health disclaimer

PushFirst encourages physical activity but is not a medical or fitness advisory service. Consult a healthcare professional before starting any exercise routine. You use the pushup counting feature at your own risk and should exercise within your physical abilities. The Owner is not responsible for any injuries sustained while using the App.

Disclaimer of warranties

PushFirst is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee that the App will be error free, uninterrupted, or that pushup counting will be perfectly accurate in all conditions.

The Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, and will make reasonable efforts to inform users appropriately. The Service may also be unavailable due to reasons outside the Owner's reasonable control, such as force majeure events.

Limitation of liability

To the fullest extent permitted by law, the Owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of PushFirst. Our total liability shall not exceed the amount you paid for the App in the twelve months prior to the claim.

User rights

Right of withdrawal (EU users). Unless exceptions apply, you may be eligible to withdraw from the contract within 14 days for any reason and without justification. Note that this right may not apply to digital content once delivery has begun with your consent. For subscriptions purchased through the App Store, Apple's terms and refund policies apply.

Children

PushFirst is available to users of all ages. The App does not collect any personal data and all onboarding inputs are stored only on the user's device. Younger users and children may use the App freely. No parental consent is required for data collection purposes, as no data is collected or transmitted.

Privacy

For information about how we handle your data, please refer to our Privacy Policy, which is part of these Terms.

Changes to these Terms

The Owner reserves the right to amend these Terms at any time. We will post changes on this page with an updated date. Changes only affect the relationship with you going forward. Your continued use of PushFirst after changes are posted constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the App.

Governing law and jurisdiction

These Terms are governed by the law of the Netherlands, without regard to conflict of laws principles.

European consumers. If you qualify as a European Consumer and have your habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail. The exclusive jurisdiction clause does not apply to users who qualify as European Consumers, nor to consumers based in Switzerland, Norway, or Iceland.

Severability

Should any provision of these Terms be deemed invalid or unenforceable under applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Contact

All communications relating to the use of PushFirst should be sent to devkoosv@gmail.com.